What is the test for setting out the elements of a conspiracy to commit an overt act against every member of the conspiracy?
MultiRegion, United States of America
The following excerpt is from Houston v. United States, 217 F. 852 (9th Cir. 1914):
'To require an overt act to be proven against every member of the conspiracy, or a distinct act connecting him with the combination to be alleged, would not only be an innovation upon established principles, but would render most prosecutions for the offense nugatory. It is never necessary to set forth matters of evidence in an indictment.'
In Heike v. United States, 227 U.S. 131, 145, 33 Sup.Ct. 226, 229 (57 L.Ed. 450) the court said:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a minor guilty of criminal conspiracy to commit acts that were committed as a minor in furtherance of a conspiracy? (MultiRegion, United States of America)
Can a conspiracy to commit an overt act be a criminal conspiracy? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
When one agrees to join a conspiracy, does one agree to all acts that have or will be committed by the conspiracy? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Is a failure to set out every element of the crime charged in the complaint and supporting deposition a jurisdictional defect? ("New York", United States of America)
Is there any case law in which a RICO conspiracy is not a crime of violence even though one of the charged predicate acts is a conspiracy to commit murder? (MultiRegion, United States of America)
What are the elements of conspiracy and what is the test for conspiracy? (MultiRegion, United States of America)
What is the test for a conspiracy to commit a criminal conspiracy? (MultiRegion, United States of America)
